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Singer, McCausland, Ball and Schaefer Co., LPA, Attorneys at Law

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Real Estate & Title

Choosing the Right Deed: Warranty, Quitclaim and Survivorship

Ohio deeds differ in two ways: what the person signing promises about the title, and what happens when an owner dies.

General warranty deed

The seller guarantees the title against all claims, including ones that arose before the seller owned the property. This is the standard deed in an ordinary sale.

Limited warranty deed

The seller guarantees only that nothing happened to the title during the seller's own ownership. Banks and corporate sellers commonly use it.

Fiduciary deed

Executors, administrators, trustees and guardians sign fiduciary deeds. They promise that they have authority to convey the property, and little else.

Quitclaim deed

A quitclaim deed transfers whatever interest the signer has, with no promises at all. It is used between family members, after a divorce and to clear up a title problem. It is rarely the right deed for a sale.

Survivorship deed

Survivorship is about how the new owners hold title, not about warranties. When two or more people take title with survivorship language and one dies, the survivor owns the whole property without probate after recording an affidavit and a death certificate. Without that language, co-owners are tenants in common, and a deceased owner's share passes through that owner's estate.

Details that matter in Ohio

  • If the owner is married, the spouse generally has to sign to release dower rights, even when the spouse is not on the title.
  • The county reviews the legal description before the recorder will accept the deed.
  • A deed is permanent. Signing the wrong one can cost far more to fix than it cost to prepare.

We prepare deeds for sales, family transfers, estates and trusts. Call us before you sign one.

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Middletown Office

1501 S. Breiel Blvd.
Middletown, Ohio 45044

513-422-5419  ·  513-424-1660
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101 E. Elm Street
Monroe, Ohio 45050

513-422-5419  ·  513-424-1660

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